Bill Text: HI HB1782 | 2010 | Regular Session | Amended
Bill Title: Health Information Exchange Task Force; Health Information Technology
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1782 Detail]
Download: Hawaii-2010-HB1782-Amended.html
Report Title:
Health Information Exchange Task Force; Health Information Technology
Description:
Creates an office of the state coordinator of health information technology and a health information exchange task force to assist in developing a health information exchange program. Effective 07/01/2050. (SD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1782 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO HEALTH INFORMATION EXCHANGE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In recent years, the establishment and development of health information exchanges within the United States has become increasingly significant, reflecting the changing role that technology plays in the way we operate government and business.
Public health experts and federal and state governments recognize the potential economic and health benefits of health information exchanges and similar e-health initiatives and are searching for ways to further their growth. Health information technology has been set as a key component of the federal American Recovery and Reinvestment Act of 2009, Pub. L. 111‑5 and the President has previously pledged $10,000,000,000 toward the development and implementation of health information technology.
As a way to encourage states to adopt health information exchanges, the Centers for Medicare and Medicaid Services and the United States Department of Health and Human Services, Office of the Inspector General, have provided new exceptions to the Stark Law, an "anti-kickback" statute relating to health information technology and a physician referring a patient to a medical facility in which the physician has a financial interest. Even the National Conference of State Legislatures has reported that "states are moving at an unprecedented rate to get their health care systems wired and connected."
The legislature finds that funding under the federal 2009 economic stimulus plan will support growth and expansion of the use of health information technology in Hawaii through public-private partnerships between all interested health care stakeholders to build a statewide network for the people in the State.
The purpose of this Act is to establish an office of the state coordinator of health information technology within the department of health to coordinate local efforts, identify funding sources, integrate state health programs, and work towards participation in the national health information technology network. Health information may include electronic medical records, the creation of a health information exchange, and efforts to improve comparative effectiveness. Another important component of health information technology is ensuring that individuals receiving a medical education in the State are fully educated in the use of health information technology to be ready to implement these important tools in their practices through the use of electronic medical records and a health information exchange.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . HEALTH INFORMATION TECHNOLOGY
§321‑ Definitions. Whenever used in this part, unless the context otherwise requires:
"Department" means the department of health.
"Director" means the director of health.
"E-prescribing" means a prescriber's ability to electronically send an accurate, error-free, and understandable prescription directly to a pharmacy from the point-of-care.
"Fund" means the health information technology special fund as established under this part.
"Health care facility" has the meaning as defined in section 323D-2.
"Health care provider":
(1) Means a physician or surgeon or osteopathic physician or surgeon licensed under chapter 453, a dentist licensed under chapter 448, a podiatrist licensed under chapter 463E, a health care facility as defined under section 323D‑2, and any of their employees; and
(2) Shall not include any nursing institution or nursing service conducted by and for those who rely upon treatment by spiritual means through prayer alone, or employees of these institutions or services.
"Office" means the office of the state coordinator of health information technology as established under this part.
"Qualified state-designated entity" means an entity selected by the State through a competitive process.
"Rural or underserved areas" means any community or island having a population under five hundred thousand and that lacks adequate access to basic health care.
§321- Office of the state coordinator of health information technology; establishment. (a) There is established within the department of health the office of the state coordinator of health information technology that shall be headed by an administrator who shall be nominated and, by and with the advice and consent of the senate, appointed by the governor pursuant to section 26-34. The office of the state coordinator of health information technology shall:
(1) Promote economic stimulus and recovery in Hawaii by leveraging federal initiatives to invest in the improvement of the health care delivery system;
(2) Convene meetings with all stakeholders interested in submitting grant proposals to the office of the national coordinator of health information technology consistent with the policy intentions and requirements included in federal legislation;
(3) Work with educational organizations to develop grant proposals for medical informatics and health care information technology training as identified by federal legislation;
(4) Facilitate the development of a plan for an integrated electronic health information infrastructure, including a health information exchange, for the sharing of electronic health information among health care facilities, health care professionals, public and private payers, and patients;
(5) Develop a process and evaluation criteria for state designation to an organization that completes grant proposals that meet the requirements of federal legislation and any other guidance which may be provided by the office of the national coordinator of health information technology;
(6) Enhance broad and varied participation in the authorized and secured nationwide electronic use and exchange of health information;
(7) Coordinate local efforts to increase the adoption and use of certification commission for health information technology electronic health records and e‑prescribing; identify funding sources; integrate with state and federal health programs, including but not limited to medicaid, workers' compensation, temporary assistance to needy families, and the state children's health insurance program; and integrate with federal health programs including but not limited to the national health information technology network for the promotion of health information technology;
(8) Collaborate with the department of health, department of human services, health care providers, and health care facilities to ensure that all applicable federal patient privacy laws are identified and ensured through administrative rules and procedures, including the development of risk management policies and procedures and liability limits for physicians and hospitals that contribute data to the health information exchange;
(9) Promote effective strategies to adopt and use health information technology across the state, particularly in rural or underserved areas; and
(10) Assist patients in using health information technology."
SECTION 3. Health information exchange task force; establishment. (a) There is established, within the office of the state coordinator of health information technology, for administrative purposes only, the health information exchange task force that shall advise the state coordinator of health information technology and work to accelerate planning for health information exchange that interfaces all providers of services in the health care continuum, including but not limited to hospitals, physicians, insurance plans, laboratories, and long-term care. The task force shall be comprised of:
(1) A representative from each of the participating health plans within the State, to be appointed by the governor from a list of candidates submitted by the president of the senate and speaker of the house of representatives;
(2) A representative from health care purchasers and employers, to be appointed by the governor from a list of candidates submitted by the president of the senate and speaker of the house of representatives;
(3) The president of the Hawaii state bar association, or the president's designee;
(4) A representative from the insurance industry, to be appointed by the governor from a list of candidates submitted by the president of the senate and speaker of the house of representatives;
(5) A representative from patient or consumer organizations, to be appointed by the governor from a list of candidates submitted by the president of the senate and speaker of the house of representatives;
(6) A representative from the technology industry, to be appointed by the governor from a list of candidates submitted by the president of the senate and speaker of the house of representatives;
(7) A representative from the health information vendor industry, to be appointed by the governor from a list of candidates submitted by the president of the senate and speaker of the house of representatives;
(8) A clinical researcher, to be appointed by the governor from a list of candidates submitted by the president of the University of Hawaii and dean of the John A. Burns School of Medicine;
(9) One majority member of the house of representatives, or the representative's designee, appointed by the speaker of the house of representatives;
(10) One minority member of the house of representatives, or the representative's designee, appointed by the speaker of the house of representatives;
(11) One majority member of the senate, or the senator's designee, appointed by the president of the senate;
(12) One minority member of senate, or the senator's designee, appointed by the president of the senate;
(13) The director of health, or the director's designee;
(14) The director of human services, or the director's designee;
(15) The director of commerce and consumer affairs, or the director's designee;
(16) The director of business, economic development, and tourism, or the director's designee;
(17) The director of budget and finance, or the director's designee;
(18) The president of the University of Hawaii, or the president's designee; and
(19) Any other stakeholders who wish to participate, including other users of health information technology such as support and clerical staff of providers and others involved in the care and care coordinators of patients; provided that the president of the Hawaii Medical Association, or the president's designee, shall be requested to participate as a member of the task force.
The chairperson shall be selected by the members of the task force. Task force members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(b) The task force shall develop a five-year strategic plan for the office of state coordinator of health information technology that shall include, but not be limited to:
(1) Consistency with the strategic plan as developed by the United States Department of Health and Human Services, Office of the National Coordinator of Health Information Technology;
(2) A detailed plan for the execution of the state strategic plan, including defining the role of the State and private sector;
(3) The establishment of a competitive process and examination criteria to designate the health information exchange;
(4) Its impact on the public health care structure in Hawaii including but not limited to quality and access to health care within the state, especially in rural and medically underserved areas, and the cost of health care within the state;
(5) An education and awareness campaign; and
(6) Identification of additional structural or financial resources that can be utilized to enhance the health information exchange network.
(c) The health information exchange task force shall submit a report of its findings, goals, and finalized five-year strategic plan no later than twenty days prior to the convening of the regular session of 2010, and every year thereafter until the task force shall cease to exist.
(d) The health information exchange task force shall cease to exist on June 30, 2011.
SECTION 4. This Act shall take effect on July 1, 2050.
